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The Advancement of Socialist Rule of Law and Its Tasks in China
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중국 사회주의법치의 발전과 과제

논문 기본 정보

Type
Academic journal
Author
Han, Sang-Don (아주대)
Journal
Korean Legal Center The Justice Wn.158-3 KCI Accredited Journals
Published
2017.2
Pages
191 - 211 (21page)

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The Advancement of Socialist Rule of Law and Its Tasks in China
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Abstract· Keywords

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The form of socialist legal system began in 1949 at the beginning of the People’s Republic of China. But over a decade of Cultural Revolution from 1966, the legislative system was decayed and destroyed. The reform and opening policy of China was declared on December 1978 and under the slogan of “The construction of legislative system is the construction of economy” the formation of legislative system started once again. Through the growth of China’s economy, the economic structure that was ‘planned economy’ began to divert to ‘market economy’. The constitutional reform in 1993 established the code of “The State practices socialist market economy”. The China’s legislation was developed under the circumstances of socialist market economy system. And it became increasingly important to carry out ‘rule of law’. In 1999，the constitutional reform established “The People’s Republic of China governs the country according to law and makes it a socialist country under rule of law”. Henceforth, China changed its course from ‘Legislation’ to ‘Rule of Law’ and all national administrations promoted “administering by law”. In year 2012, The National People’s Congress of Communist party resolved ‘comprehensive promotion of the rule of law’. On the base of this, extensive reform of legal system was taken place. And in 2015, ‘construction of government under law’ was brought up and currently China is actualizing the ‘rule of law’ more specifically.
The execution of ‘rule of law’ from high class to bottom class is limited; hence it requires the expansion of participation of its people.
In order to settle ‘rule of law’ into Chinese society, people have to change their legal mind. Furthermore, rule of law must have its own to create new culture of rule of law. These are the tasks to be handled as China intensifies the rule of law
#법제건설 #법치정부 #의법치국 #의법행정 #사회주의법체계 #Construct legislation #Government by law #Ruling a nation with the law #Administration with the law #Socialism legal system

Contents

논문요지
Ⅰ. 머리말
Ⅱ. 사회주의 초기 법제건설의 성쇠(1949-1978)
Ⅲ. 사회주의 경제체제의 전환과 법제 변화(1979-1996)
Ⅳ. 사회주의 법치의 발전과정
Ⅴ. 맺는 말
〈참고문헌〉
〈Abstract〉

References (26)

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[단행본] - 張晉藩 / 2006 / 중국법제사 / 소나무출판사 google schola [단행본] - 中国社会科学院法学研究所 / 2016 / 法治蓝皮书—中国法治发展报告No.14 / 社会科学文献出版社 google schola [단행본] - 中国红色文化研究会 张福俭 / 2016 / 法治改变中国 / 五洲传播出版社 google schola [단행본] - 郭道晖 / 2015 / 中国法治百年经纬 / 中国民主法制出版社 google schola [단행본] - 何勤華 / 2015 / 中国法治百年经纬 / 中国民主法制出版社 google schola

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